IRVING+ISD+V.+TATRO

 **U.S. Supreme Court **  **Irving ISD v. Tatro, 468 U.S. 883 (1984) **  **Irving Independent School District v. Tatro **  **Argued April 16, 1984 **  **Decided July 5, 1984 ** This case poses two separate issues. The first is whether the Education of the Handicapped Act requires petitioner to provide CIC (clean intermittent catheterization) services to Amber, an 8 year old child born with a defect known as spina bifida. As a result of this condition, she suffered from orthopedic and speech impairments and a neurogenic bladder, which prevented her from emptying her bladder voluntarily. She would need these services approximately every four hours which meant it the services would have to be rendered during school hours. The second issue is whether § 504 of the Rehabilitation Act created such an obligation. States receiving funds under the Act are obliged to satisfy certain conditions. A primary condition is that the state implements a policy "that assures all handicapped children the right to a free appropriate public education." The service a child needs to be considered a “related service” in order to justify the administration of the service. The concern was whether or not Amber’s education was being restricted because of the lack of personnel to administer the CIC during school hours and whether or not it was a related service.
 * Background **

The provision of CIC to Amber is not subject to exclusion as a “medical service,” and the court held that CIC service is a “related service” under the Education of the Handicapped Act. Without CIC services available during the school day, respondents' child cannot attend school and thereby "benefit from special education." Such services are no less related to the effort to educate than are services that enable a child to reach, enter, or exit a school. They also agreed with the Court of Appeals that provision of CIC is not a medical service, which a school is required to provide only for purposes of diagnosis or evaluation. Amber’s services are a necessity and the lack of the service during the school day is a violation of the act.
 * Decision **

All students are entitled to a free and appropriate education and “related services” are a required service for the students. If the service deemed necessary are considered medical then the service must be administered by a licensed physician. If the services are deemed related then the school must find a way to ensure that the child’s services are met both educationally and medically.
 * Impact on Education **

<span style="background: white; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">What responsibility does a school have to a child who requires “related services” during the school day?
 * <span style="background: white; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">Quiz Question **

<span style="background: white; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0in 0in 10pt;">Submitted by Sandra Crum and Alex Mathis